New York State Court of Claims

New York State Court of Claims
KNIGHT v. THE STATE OF NEW YORK, # 2009-016-058, Claim No. 117179, Motion No. M-77219


Motion to strike answer was denied.

Case information

UID: 2009-016-058
Claimant(s): HUGH KNIGHT
Claimant short name: KNIGHT
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 117179
Motion number(s): M-77219
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Hugh Knight, Pro Se
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Roberto Barbosa, AAG
Third-party defendant's attorney:
Signature date: November 10, 2009
City: New York
Official citation:
Appellate results:
See also (multicaptioned case)


Claimant Hugh Knight moves to strike the State's answer. In his claim, Mr. Knight alleges that while he was incarcerated at Sullivan Correctional Facility, a cane which had been medically prescribed for him was wrongly confiscated, after which he tripped and fell, injuring himself.

As to those portions of the State's answer responding to the numbered paragraphs of the claim, Mr. Knight apparently seeks to have them stricken solely on the ground that he disagrees with the responses. Such is not a valid reason for striking an answer. As to the State's affirmative defenses, they are not dispositive of a claim, and like the allegations in the claim itself, are merely assertions made by a party. Striking affirmative defenses is generally not warranted in the absence of a showing of prejudice by the claimant. See, e.g., 5 Weinstein-Korn-Miller, NY Civ Prac 3018.14 at 30-432. No such showing has been made here.

In view of the foregoing, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-77219 be denied.

November 10, 2009

New York, New York

Alan C. Marin

Judge of the Court of Claims

1. The following were reviewed: claimant's notice of motion with affidavit in support and Exhibits A through K; defendant's affirmation in opposition; and claimant's reply submission, entitled "Notice of Motion to Dismiss Defendant's Affirmation in Opposition to Claimant's Motion."